Committee on the Judiciary - mars-5:hrs05JUD2237_100615 - Rayburn 2237 - Is There Life After Trinko and Credit Suisse?: The Role of Antitrust in Regulated Industries - Today's hearing is the latest in the series of hearings I call, "An Antitrust System for the 21st Century." I have initiated these hearings to consider some of the issues raised by the bipartisan Antitrust Modernization Commission created by the Judiciary Committee. The question before us today is this: Did the Supreme Court's decision in the Trinko and Credit Suisse cases sound the death knell for antitrust enforcement in regulated industries? In the 100-plus years since the antitrust laws were enacted they have coexisted with other types of regulations. The reason Congress wrote both is that different types of laws provide different types of protection for consumers. Antitrust has always been concerned with promoting competition; when businesses compete consumers win. But regulators may have other concerns, such as safety or policy goals other than fair competition. In some cases the antitrust laws may be in tension with other regulations. In rare instances, following one law might result in the violation of an antitrust duty.

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